On 22 July 2025, a worker was sentenced in the Toowoomba Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011 (Qld) ('the Act’), having failed to comply with their primary health and safety duty.

On 16 January 2023 an incident occurred at an abattoir in Oakey. The defendant was employed as a raw material operator at the time. The defendant lifted up the guarding on an auger, which was still operational, and placed material into it. The actions of the defendant were hazardous as there was a real risk of serious injury, or death, from being entangled or crushed by the auger. The simple control measure of isolating the auger prior to opening the guarding was not followed by the defendant.

The offending was aggravated as the defendant was involved in a prior incident (roughly 2 months prior) which resulted in him losing the tip of his finger when he used a metal implement to clear a blockage in another auger.

The prosecution sought a fine in the range of $5,000 - $10,000 citing a number of comparable prosecutions involving breaches of section 28(a) of the Act by individual workers.

The defendant made brief submissions whereby he indicated that the reason for the offending was that he was acting under time pressures, and he was being abused by his employer to work faster. He noted that he was demoted following the incident and lost a couple of $100 per week in income. He indicated he has 5 children who he pays child support for.

Her Honour noted there were a number of factors in mitigation in this matter including: it was an early plea of guilty, there was no injury to the defendant, he was demoted following the incident and suffered a loss of income, and the employers’ failures led to the incident occurring.

Her Honour found that but for the actions of the employer, in not securing the guarding, the incident would not have happened, and the defendant actions were due to him being pressured by supervisors.

Her Honour noted that it was not appropriate to impose a fine in this instance citing (among other things) the defendant’s capacity to pay. Her Honour indicated it would be appropriate to impose an order pursuant to section 239 of the Act, and for the matter to be adjourned for 9 months. Costs of $851.40 were ordered to be paid by the defendant, and were referred to SPER.

OWHSP contact: enquiries@owhsp.qld.gov.au